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Building Inspection Commission upholds five-year moratorium after unlawful demolition at 426 Ivy Street
Summary
The Building Inspection Commission unanimously upheld a DBI director finding that a rear-yard dwelling at 426 Ivy Street was unlawfully demolished and affirmed a five-year restriction limiting rebuilding to the same size and unit count, citing the department's evidence and the code.
The Building Inspection Commission on Wednesday unanimously upheld the Department of Building Inspection’s finding that a rear-yard dwelling at 426 Ivy Street was unlawfully demolished and sustained the department’s imposition of a five-year rebuild restriction.
DBI code-enforcement chief Maurice Hernandez told commissioners the department received a displacement notification after a fire and later found the structure had been demolished. “There is nothing left,” he said while describing site photos and a notice of violation issued after a November site visit.
Appellant Lucy Hungate, the property owner, told the commission she learned about the fire from a tenant and said she was not present when the contractor removed the structure. Her representative said Hungate hired a licensed contractor after an insurer declared the building a total loss but was not aware the contractor performed demolition without a city permit.
The demolition contractor testified he acted to remove a hazardous condition after consulting a structural reviewer and described the site as unsafe, saying it was “literally blowing in the wind.” DBI staff countered that the contractor’s engineer report arrived months after the fire and after demolition, and that DBI’s emergency-demolition process requires an engineer’s report and photos submitted in advance for an emergency permit.
Commissioners debated the policy purpose of the five-year restriction under the code, noting the moratorium is intended as a deterrent to unpermitted demolitions while allowing a property owner to obtain a permit to rebuild the same number of residential units and the same or fewer square feet during the five-year period. City Attorney Brad Ressy summarized the code reading that permits may be issued within five years only to replace what was unlawfully demolished.
President McCarthy moved to uphold the director’s determination; Commissioner Warshall seconded. The commission recorded a roll-call vote with President McCarthy, Vice President Walker, Commissioner Clinch, Commissioner Conston, Commissioner Lee and Commissioner Warshall all voting yes. The motion carried unanimously.
The commission’s decision leaves the five-year restriction in place; staff and the owner may pursue any additional remedies outside the hearing record, including civil claims against the party that performed the demolition, the commission noted.
